FAQ

Find answers to common questions

1. What are the key employment laws my small business needs to comply with in New Jersey and New York?

Employment laws can vary significantly between states and vary depending on the number of employees an employer has. Major employment laws include wage and hour laws, anti-discrimination laws, and paid sick leave. Our Major Employment Laws by Employer Size provides a detailed overview to help you stay compliant.

2. How can an employment attorney help me avoid legal issues with my employees?

An employment attorney can help you draft clear employment contracts, implement compliant HR policies, and provide advice on legal issues. This proactive approach can prevent costly lawsuits and claims. Schedule a Free Consultation to learn how we can help you protect your business.

3. We have a payroll or HR company; do we also need an employment attorney?

Yes! Only an attorney can legally provide you with legal advice. HR and payroll companies certainly have their place in helping employers comply with laws, but they perform administrative functions, not legal ones.

4. What are the consequences of misclassifying an employee as an independent contractor?

Misclassifying employees can result in significant fines, back pay, and penalties. It can also be a crime! Our Employee vs. Independent Contractor Classification Workbook explains the differences and helps you classify workers correctly.

5. We are a small business; do we really need an employee handbook?

Yes! An employee handbook is one of the most important documents that any employer vis-à-vis its employees. A handbook not only explains workplaces policies and sets employee expectations, but it contains legally mandated policies and provides the foundation for many disciplinary decisions. Any business that has at least one employee should have one.

6. When is it necessary to conduct a workplace investigation?

Workplace investigations need to be conducted for every allegation of harassment, discrimination, or theft. Internal investigations are crucial in defending lawsuits and should be performed by an attorney or experienced investigator.

7. How can I protect my business from employee lawsuits?

Be proactive, not reactive. Work with an experienced employment attorney to make sure your business is complying with the law. Employment laws are too varied and many for a business owner to try to successfully “go it alone”. Schedule a Free Consultation to learn how we can help you protect your business from expensive employee claims.

8. What should I do if I receive a complaint from the Department of Labor?

Immediate and informed action is crucial. Our Audit Survival Checklist outlines the steps you need to take to respond effectively.

9. How do I ensure compliance with family leave laws in New Jersey and New York?

Understanding the specific requirements of the FMLA and state-specific leave laws is essential. Our Family Leave Compliance Guide provides a comprehensive overview.

10. What are the best practices for conducting employee performance reviews?

Effective performance reviews can improve employee satisfaction and productivity. They are also crucial in documenting performance issues and helping employers justify adverse employment decisions. At a minimum, every employer should be conducting performance reviews yearly, if not more frequently.